Uttar Pradesh’s law intensifies penalties and restrictions.

ANTI CONVERSION LAW

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Context: The Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, enhances penalties and expands complaint provisions, aiming to address misuse and reinforce anti-conversion measures.

Details

The Uttar Pradesh Legislative Assembly passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024.
This new amendment significantly alters the original 2021 anti-conversion law, making it stricter and more controversial.
The revised law aims to address alleged issues related to unlawful conversions, especially in cases involving minors, women, and marginalized groups.

Key Changes in the Amended Law

Increased Penalties

General Offenses: The minimum prison term has been raised from 1 year to 5 years, and the maximum term from 5 years to 10 years. Fines have increased from Rs 15,000 to Rs 50,000.
Sensitive Cases: For conversions involving minors, women, or Scheduled Castes/Scheduled Tribes, the prison term ranges from 5 to 14 years (up from 2 to 10 years), and fines have increased from Rs 25,000 to Rs 1 lakh.
Mass Conversions: The minimum prison term for mass conversions has been increased from 3 years to 7 years, and the maximum from 10 years to 14 years. Fines have also doubled to Rs 1 lakh.

New Offenses and Penalties

Foreign Funds: Securing foreign or illegal funds for unlawful conversions now attracts a minimum prison term of 7 years and a maximum of 14 years, with a fine of Rs 10 lakh.
Severe Crimes: If the accused causes fear, uses force, or engages in trafficking or other severe crimes, they face imprisonment from 20 years to life, with up to Rs 5 lakh in compensation to victims.

Complaint Registration

Expanded Access: Previously, only the aggrieved person or their close relatives could file a complaint. Now, “any person” can lodge an FIR. This change allows third parties, including activists and local representatives, to file complaints.

Bail Condition

Stringent Bail Provisions: Offenses under this law are now cognizable and non-bailable. The accused must first provide the public prosecutor with an opportunity to contest their bail application. Bail can be granted only if the court is convinced of the accused's non-guilt and that they will not commit further crimes if released.

Comparison with Other States

Notification Requirements: Other BJP-ruled states like Madhya Pradesh, Himachal Pradesh, and Uttarakhand require advance notice to authorities before conversion. Uttar Pradesh also mandates a 60-day notice and a police inquiry, which is more stringent than many other states.
Complaint Filing: While many states restrict complaint filing to the aggrieved person or their immediate family, Uttar Pradesh’s amendment allows any person to file a complaint, potentially increasing the scope for misuse.
Bail Conditions: Uttar Pradesh's law introduces stringent bail conditions similar to those found in laws dealing with narcotics and money laundering, whereas other states may have less stringent provisions.

The constitutional validity of the amended law is expected to face challenges in the Supreme Court. Current petitions questioning the original 2021 law and similar laws in other states are pending. The Supreme Court has yet to address these cases, leaving the matter in legal uncertainty.

Anti-Conversion Laws in India

Anti-conversion laws in India are designed to regulate or prevent the conversion of individuals from one religion to another. These laws aim to address concerns about forced or fraudulent conversions, ensuring that religious changes are made voluntarily and without coercion.

Background

The origins of anti-conversion laws can be traced back to concerns about the legitimacy and voluntariness of religious conversions.
Historically, there have been fears that conversions could be driven by coercion, manipulation, or incentives rather than genuine personal choice. These concerns prompted early legal measures to regulate the process.

Colonial Period

During the British colonial era, the legal framework surrounding religious conversions was influenced by both administrative concerns and social pressures.
The British authorities enacted laws to regulate religious activities and manage social harmony. One notable example is the Indian Christian Marriage Act of 1872, which addressed certain issues related to conversions and interfaith marriages. The colonial period set the stage for future debates and legal measures regarding religious conversions.

Post-Independence

After India gained independence in 1947, the need for a compressive legal framework to address conversions became necessary.
The Indian Constitution, adopted in 1950, guaranteed freedom of religion under Article 25, allowing individuals to practice and propagate their faith. However, to balance this freedom with concerns about forced or fraudulent conversions, various state governments began enacting anti-conversion laws.

Freedom of religion under Article 25 of the Indian constitution

●Article 25 of the Indian Constitution guarantees freedom of religion, including the right to profess, practice, and propagate religion subject to public order, morality, and health.

●The state can regulate secular activities associated with religious practices, such as economic or social activities.

●This article also allows for the management of religious institutions by denominations, as long as they do not violate laws or public order.

●In various legal cases, the Supreme Court has addressed the balance between religious freedoms and state intervention.

State-Specific Laws

Chhattisgarh Religion Freedom (Amendment) Act, 2006: Punishes offenders with up to 3 years imprisonment and fines up to RS 20,000. Penalties are higher for minors, women, and members of scheduled castes/tribes.
Gujarat Freedom of Religion Act, 2003 (Updated 2006, 2021): Imposes 3 years imprisonment and fines up to RS 50,000. The 2021 amendment targeted inter-religious marriages as forced conversions, though this clause was withheld by the Gujarat High Court.
Haryana Prevention of Unlawful Conversion of Religion Act, 2022: Penalties range from 1 to 5 years imprisonment and fines up to RS 100,000. Concealment of religion during marriage can result in 3 to 10 years imprisonment.
Himachal Pradesh Freedom of Religion Act (2006, Amended 2022): Reduced penalties for forced conversions to 1-5 years imprisonment. Marriages involving conversions are illegal. Higher penalties apply if the converted individual is a minor, woman, or member of a scheduled caste/tribe.
Jharkhand Freedom of Religion Act, 2017: Offenders face up to 3 years imprisonment and fines up to RS 50,000. Penalties increase to 4 years and RS 100,000 for conversions involving minors, women, or scheduled caste/tribe members.
Karnataka Protection of Right to Freedom of Religion Act, 2021: Prohibits unauthorized inter-religious marriages and imposes 3-5 years imprisonment and fines. Penalties increase for conversions involving minors, women, or scheduled caste/tribe members. Mass conversions attract heavier penalties.
Madhya Pradesh’s Dharma Swatantrya Adhiniyam (1968): Originally imposed penalties of 1 year imprisonment or a fine of Rs 1,000. The 2020 ordinance increased penalties to 1-year imprisonment and a Rs 5,000 fine, with higher penalties for minors, women, or scheduled caste/tribe members.
Orissa Freedom of Religion Act, 1967: First of its kind, prohibiting conversions by force or inducement. It imposed 1 year imprisonment and a fine of RS 5,000.
Uttarakhand Freedom of Religious Act, 2018: Offenders face 1-5 years imprisonment, or 2-7 years if the conversion involves a minor, woman, or scheduled caste/tribe member.

As of now, several states have enacted or proposed anti-conversion laws. These laws generally require individuals intending to convert to inform authorities in advance and provide evidence of voluntary conversion. They also include provisions to investigate allegations of forced or fraudulent conversions.

Key Provisions of Anti-Conversion Laws

Notification Requirements

Anti-conversion laws often require individuals who wish to convert to notify local authorities before completing the conversion. This advance notice allows authorities to verify that the conversion is voluntary and not the result of coercion or inducement. The requirement for prior notice helps create a record of the conversion and provides a safeguard against unlawful practices.

Penalties and Fines

Non-compliance with the anti-conversion laws can lead to penalties or fines. These consequences are intended to deter individuals and organizations from engaging in coercive or fraudulent conversion practices. Penalties can vary depending on the severity of the violation and the specific provisions of the law in each state.

Burden of Proof

In cases where the validity of a conversion is challenged, the burden of proof often falls on the party claiming that the conversion was voluntary. This means that those advocating for the legitimacy of a conversion must provide evidence that the process was carried out without any coercion or deceit. This provision ensures that the process remains fair and that any allegations of misconduct are properly investigated.

Legal Procedures

Individuals who feel that their conversion was mishandled or challenged can take legal action. Anti-conversion laws outline steps for challenging conversions in court. The procedures allow individuals to seek judicial review and resolution if they believe that the conversion did not comply with legal requirements or if there was evidence of coercion or fraud.

Implementation

State v/s Central Jurisdiction

Anti-conversion laws in India are primarily implemented at the state level, reflecting the federal structure of the country. Each state has its own legislation and procedures for managing religious conversions. This means that the enforcement of these laws can vary significantly from one state to another.
There is no uniform central guideline governing all states, so the specifics of how these laws are applied can differ. For example, while states like Uttar Pradesh and Madhya Pradesh have their own anti-conversion laws, other states might not have such regulations or might have different approaches to implementation.

Role of Authorities

Local administration and law enforcement agencies play a crucial role in the implementation of anti-conversion laws.
Local authorities are responsible for processing notifications of intended conversions, investigating allegations of coercion or fraud, and enforcing penalties for non-compliance. This involves coordinating with various departments to ensure that conversions are conducted legally and that any reported violations are addressed appropriately.

Judicial Oversight

Courts play a key role in interpreting and enforcing anti-conversion laws. They review cases where the legality of conversion is challenged and provide judgments on disputes related to these laws.
Judicial oversight ensures that the laws are applied fairly and that individual rights are protected. Courts can also address ambiguities in the legislation and offer interpretations that shape how the laws are enforced in practice.

Controversies and Criticisms

Human Rights Concerns

One of the major criticisms of anti-conversion laws is that they may infringe on religious freedom. Critics argue that these laws can be used to limit an individual's right to change their religion, which is a fundamental human right.
Concerns are raised that such laws might create an environment where individuals feel pressured or restricted in their ability to practice or convert to a different religion, thus potentially violating their personal freedoms.

Legal Challenges

High-profile cases and judicial reviews have brought significant attention to the issues surrounding anti-conversion laws. Some of these cases have questioned the constitutionality and fairness of the laws, leading to legal battles that test the limits of religious freedom and individual rights.
Courts have sometimes intervened to address concerns about the misuse of these laws or to clarify their application, reflecting ongoing debates about their impact and effectiveness.

Impact on Minority Rights

Anti-conversion laws can have complex implications for religious minorities and interfaith relations.
For some, these laws are seen as a means of protecting vulnerable communities from coercion. However, others argue that they may disproportionately affect minority groups, potentially leading to increased scrutiny of their religious practices and interactions. This can affect interfaith relationships and create tensions between different religious communities.

Arguments in favor of anti-conversion laws

Religious Organizations: Some religious groups support these laws to prevent what they see as unethical practices. They argue that anti-conversion laws help protect their communities from forced or deceptive conversions. For example, certain Hindu and Christian groups have promoted these laws to safeguard their members.
Political Leaders: Politicians who support these laws often argue that they are necessary for maintaining social harmony and protecting the rights of individuals. They may view these laws as a way to address concerns about coercive practices in conversions.
Social Advocacy Groups: Some social organizations back these laws as a means to uphold ethical standards in religious conversions. They believe that the laws ensure that conversions are carried out voluntarily and without manipulation.

Argument against the anti-conversion:

Civil Rights Organizations: Critics argue that these laws infringe upon fundamental freedoms, such as the right to change one's religion. They contend that the laws may be used to restrict personal choice and violate individual rights. Organizations like the Human Rights Watch and Amnesty International have voiced concerns about the impact of these laws on personal freedoms.
Religious Minority Groups: Some religious minorities argue that anti-conversion laws can be used to target their communities unfairly. They claim that such laws may discourage or prevent individuals from freely converting to their faith, affecting their ability to practice and propagate their religion.
Academics and Activists: Scholars and activists often criticize these laws for potentially creating an environment of fear and mistrust. They argue that the laws can be misused to harass individuals or limit their freedom to choose or change their religion.

Way Forward

Evaluate Current Legislation

Assess Effectiveness: Review how well current anti-conversion laws are achieving their goals of preventing forced or fraudulent conversions. This involves analyzing their impact on religious freedom, social harmony, and legal fairness.
Identify Gaps: Look for areas where the laws may be lacking or causing unintended consequences. This might include issues related to enforcement, clarity of provisions, or respect for fundamental rights.

Strengthen Legal Framework

Standardize Laws: Consider creating a uniform national law to replace the patchwork of state-specific anti-conversion laws. This would ensure consistent application across the country and reduce confusion.
Clear Definitions: Define key terms like “forced” and “fraudulent” conversion more precisely. This helps avoid ambiguity and ensures that the law is applied fairly.
Safeguards for Rights: Incorporate provisions that protect individuals' fundamental rights, including the freedom to choose or change religion. This ensures that laws do not infringe upon constitutional freedoms.

Improve Implementation

Training for Authorities: Provide comprehensive training for law enforcement and administrative officials on how to apply anti-conversion laws sensitively and fairly.
Transparency: Implement measures to make the process of reporting and investigating conversions transparent. This helps build trust in the system and ensures that laws are enforced impartially.

Enhance Judicial Oversight

Judicial Review: Strengthen mechanisms for judicial review of anti-conversion cases to ensure that they are handled fairly and in accordance with human rights standards.
Case Law Development: Encourage the development of case law that clarifies the application of anti-conversion laws and provides guidance for future cases.

Address Controversies and Criticisms

Engage in Dialogue: Foster open dialogue between lawmakers, religious groups, and human rights organizations to address concerns and find common ground.
Balance Interests: Ensure that the laws strike a balance between preventing coercion and respecting individual freedoms. This helps avoid conflicts and promotes social harmony.

Monitor and Evaluate

Ongoing Monitoring: Set up mechanisms for regular monitoring and evaluation of the law’s impact. This includes gathering data on their effects on different communities and the legal system.
Feedback Loops: Create channels for feedback from affected individuals and communities. This helps identify issues and make necessary adjustments.

Promote Public Awareness

Educational Campaigns: Conduct awareness campaigns to inform the public about the rights and responsibilities related to anti-conversion laws. This helps ensure that individuals understand the legal landscape and can navigate it effectively.
Media Engagement: Use media platforms to provide balanced information and counter misinformation about anti-conversion laws.

Future Reforms

Legal Reforms: Be open to future legal reforms based on the evolving needs of society and feedback from stakeholders. This ensures that laws remain relevant and effective.
International Standards: Consider aligning with international human rights standards to ensure that anti-conversion laws are compatible with global norms and practices.

Conclusion

Uttar Pradesh’s revised anti-conversion law introduces tougher penalties, expands the scope for complaint registration, and imposes stricter bail conditions. These changes aim to strengthen the law but also raise concerns about potential misuse and its impact on religious freedoms.

Must Read Articles:

Forced Conversions

Source:

The Hindu

Indian Kanoon

Business Standard

Wikipedia

PRACTICE QUESTION

Q. Analyze the effectiveness of anti-conversion laws in preventing coercive and fraudulent conversions. What are the potential shortcomings of these laws in addressing the complexities of religious conversions in contemporary India? Provide specific examples or case studies to support your analysis.